P.V.DIXIT, K.L.PANDEY
MUKUNDLAL AGARWAL – Appellant
Versus
SHANKERLAL VISHWANATH PRASAD – Respondent
( 1 ) THIS appeal has come up before us on a reference made by one of us, and arises out of proceedings initiated by the appellant Mukundlal under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961, (hereinafter called the act), for fixation of 'standard rent' of certain shop premises situated in Sarafa ward, Jabalpur, in the occupation of the respondent Shankarlal as Mukundlal's tenant.
( 2 ) THE Rent Controlling Authority found that the landlord had not kept the accommodation in good and "tenantable repairs"; that the rent as shown in the municipal assessment register for the year 1947-48 was Rs. 90/- per month; and that on 7th December 1948 fair rent had been fixed at Rupees 70/- per month in respect of the accommodation by the competent authority under the C. P. and berar Regulation of Letting of Accommodation Act, 1946, which was then in force in Jabalpur. The authority took the view that in fixing 'standard rent', the provisions of Section 7 of the Act had to be given due consideration; that the matter was governed by Section 7 (i) of the Act; and that as reasonable rent in respect of the accommodation had been fixed in 1948 at Rs. 70/- the standard
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